A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal history] The Defendant was sentenced to a fine of KRW 1.5 million for a crime of violation of road traffic law in the Incheon District Court's Branch on June 21, 2012, and a fine of KRW 5 million for the same crime in the Jungyang Branch's High Court on November 5, 2014.

[2] On January 12, 2016, the Defendant driven a B-V car without a driver’s license, while under the influence of alcohol content of about 1k at approximately 0.145% during blood and at least 0.145% during the front of the 17th road in the Seo-gu, Seo-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Busan Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiry into the results of crackdown on drinking driving, notification of the results of crackdown on drinking driving, and details of revocation of driver license;

1. Previous convictions in judgment: Application of inquiry letter, investigation report (suspects, previous convictions and confirmations) and Acts and subordinate statutes, such as criminal history;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act (the following sentencing shall be considered in consideration of the circumstances favorable to the defendant, among the crimes committed) of the mitigated amount;

1. Article 62 (1) of the Criminal Act ( repeatedly considering the aforementioned circumstances);

1. The reasons for sentencing under Article 62-2 of the Criminal Act include a number of criminal records for the same offense.

Nevertheless, the crime of this case was committed again.

Provided, That the punishment shall be determined as per the disposition in consideration of the fact that the defendant is against himself and has not yet been convicted of a fine exceeding the fine.